Court No. - 28 Case :- BAIL No. - 4906 of 2010 Petitioner :- Guru Prasad Respondent :- State Of U.P. Petitioner Counsel :- Vinod Anand Dixit Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that the applicant has a
criminal history of two cases in which he is already on bail. In the first case of
murder shown in the Gang chart, the applicant is not named in the FIR and his
name surfaced on the basis of the statement of the co-accused. The other case
relates to a Police encounter in which none of the Police personnel sustained
any injury. The Gangsters Act has been slapped on the applicant to harass
him.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Guru Prasad involved in Crime No. 443 of 2009, under
sections 2/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act,
P.S. Talgaon, District Sitapur be released on bail on his furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the Special
Judge concerned and also subject to the following conditions:
(a) the applicant will continue to attend the court concerned on the date fixed.
(b) the applicant will not tamper with the witnesses.
(c) the applicant will not indulge in any illegal activities during the period of
bail.
In case of breach of any of the above three conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 20.7.2010
shailesh